Irondequoit church granted appeal for land

Stephanie Veale
Staff writer

(January 16, 2008) — All Saints Anglican Church in Irondequoit, NY, has another chance to argue that it should keep what it believes is its property.

New York state's highest appellate court, the Court of Appeals, agreed Tuesday to hear the case between the congregation and the Episcopal Diocese of Rochester following the church's request to appeal earlier decisions issued at the state Supreme Court and Appellate Division levels.

The Court of Appeals is expected to hear the case sometime this year.

The church, formerly known as All Saints Protestant Episcopal Church, has been fighting to hold on to property at 759 Winona Blvd. since the diocese ousted the church more than two years ago. The congregation disagreed with the diocese over the larger body's support of the ordination of a gay bishop in New Hampshire in 2003.

Judges at the state Supreme Court and Appellate Division levels have ruled against the congregation twice. In 2006, a state judge ordered the church to hand over property and records of the former All Saints Protestant Episcopal Church to the diocese. And in September, the Appellate Division dismissed the church's appeal of the original decision.

"I'm very pleased, obviously," said Eugene Van Voorhis, lead attorney for All Saints, in response to the Court of Appeals' announcement Tuesday. "This is a procedural victory. ... The case is still alive and kicking."

However, the Court of Appeals decision to hear the case does not necessarily mean it will overturn earlier rulings.

Philip Fileri, one of the attorneys representing the diocese, said he believed the arguments in favor of the diocese were very strong.

"This may reflect the court's view that it is important to have a statewide decision on the topic," he said. "I'm surprised they decided to take the case because the lower court was unanimous and so emphatic in its decision."

The conflict between All Saints and the diocese began when All Saints withheld $16,000 from the diocese after the gay bishop was ordained in New Hampshire. All churches in the diocese are expected to pass along some of their income to the diocese, so withholding the money was seen as breaking communion with the churches in the diocese.

The congregation has since joined the Church of the Province of Uganda, a separate church within the Anglican Communion. Like the Episcopal Church of the USA, it has its roots in the Church of England.

The congregation had to ask permission to appeal the case to the Court of Appeals, because the Appellate Division decision was unanimous, Van Voorhis said.

More often than not, the Court of Appeals rejects such requests, Fileri said.

This article comes from the Rochester Democrat and Chronicle
http://www.democratandchronicle.com/

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